This is the exact embedded text of the captured official document.
Snapshot edbd158fc1fd · verified 2026-06-05 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
TOWN OF SANDY COVE
MUNICIPAL PLAN
2009 - 2019
Mayor:
(Council Seal)
Clerk:
Anne Benger
URBAN AND RURAL PLANNING ACT, 2000
ON
RESOLUTION TO APPROVE
TOWN OF SANDY COVE MUNICIPAL PLAN 2009-19
al
ap
Under the authority of section 16, section 17 and section 18 of the Urban and Rural Planning
Act, 2000 the Town Council of Sandy Cove
a)
adopted the Sandy Cove Municipal Plan 2009-19 on the
day of ern
, 2009,
b)
gave notice of the adoption of the Sandy Cove Municipal Plan 2179-19 by
advertisement inserted on the a day and the 5 day of C) , 200916 the
eicindeX 2carInewspaper.
eXnAjz
c)
set the 17 day of tn' at 1.7 3 0p.m. at the Town Hall, Sandti for the
holding of a public hearing to consider objections and submissions.
Now under section 23 of the Urban and Rural Planning Act. 2000, the Town Council of
Sandy Cove approves the Sandy Cove Municipal Plan 2009-19 as adopted.
AIN
SIGNED AND SEALED this 7 day of 2009
REG7c7CE7..ED
Municipal Pt-oidAmenctinent
Date et_IZ,
Signature
SIP
MR
-.Nor
va.
1
Mayor:
Clerk:
Anne Benger
URBAN AND RURAL PLANNING ACT, 2000
RESOLUTION TO ADOPT
TOWN OF SANDY COVE MUNICIPAL PLAN 2009-19
Under the authority of Section 16 of the Urban and Rural Planning Act, 2000, the Town
Council of Sandy Cove adopts the Sandy Cove Municipal Plan 2009-19.
Adopted by the Town Council of Sandy Cove on the /11-
Signed and sealed this
day of (3e
fit, 2009.
day of c- CP/
be<
, 2009.
411
(Council Seal)
CANADIAN INSTITUTE OF PLANNERS CERTIFICATION
a.
I certify that the attached Sandy Cove Municipal Plan 2009-19 has been prepared in
accordance with the requirements of the Urban and Rural Planning Act, 2009.
a
a
MCIP:
a
TABLE OF CONTENTS
1.
INTRODUCTION
1
1.1
Foreword
1
1.1.1 Contents of the Sandy Cove Municipal Plan
1
1.1.2 Bringing the Municipal Plan into Effect
2
1.1.3 Administering the Municipal Plan
2
1.2
Background Review
3
1.2.1 Sandy Cove Planning Area and Municipal Area
3
1.2.2 Economy and Population
3
1.2.3 Land Use Issues
8
1.2.4 Municipal Services
10
2.
GOALS AND OBJECTIVES
11
2.1
Community Structure and Character
11
2.2 Economy
12
2.3
Commercial and Industrial Development
12
2.4 Housing
13
2.5
Culture, Recreation and Open Space
13
2.6 Transportation
14
2.7 Environment
14
2.8
Municipal Finances
15
3.
LAND USE POLICIES
16
3.1
General Policies
16
3.1.1 General Land Use
16
3.1.2 General Environmental Policies
23
3.2
Environmental Protection
25
3.3
Residential
27
3.4
Rural
31
3.5
Transportation
33
3.5.1 Roads
33
3.5.2 Provision for the Disabled
35
3.6
Municipal Services
35
4.
IMPLEMENTATION
37
4.1
Municipal Plan Administration
37
4.2
Public Works Program
41
4.3
Development Regulations
42
4.4
Development Control
42
4.5
Procedure for Amending the Municipal Plan
44
Town of Sandy Cove Municipal Plan 2009-19
Page 1
1 INTRODUCTION
1.1 Foreword
The Sandy Cove Municipal Plan establishes land use designations and policies for the
future development of the Municipality by setting out a 10-year land use strategy. The
Municipal Plan incorporates lands included within the Sandy Cove Municipal Boundary
and Planning Area Boundary. The intent of the Municipal Plan is to provide for a safe,
healthy, and prosperous community while conserving the financial and material resources
of the Town Council and residents of the town. The Sandy Cove Municipal Area is the
same as the designated Planning Area.
The Municipal Plan was prepared according to Section 13 of the Urban and Rural
Planning Act. It guides the physical improvement and future growth of the Town by
identifying locations for, and issues and opportunities associated with, various types of
land use and development. The Municipal Plan provides the basis for the Development
Regulations (land use, zoning, subdivision and advertisement regulations), which Council
will administer through development and subdivision permits.
1.1.1 Contents of the Sandy Cove Municipal Plan
The Sandy Cove Municipal Plan, comprising this report and its accompanying maps, is a
legal document when adopted by Council and registered under the Urban and Rural
Planning Act. It contains:
- The aims of Council (goals, objectives, and land use policies).
- The land use plan for future development.
- The timing and cost of recommended capital works over the next five years.
The Background Review, presented in Section 1.2 of this report, describes the conditions
existing when the Sandy Cove Municipal Plan was prepared (2007/08) and provides the
December 2009
Hatch Mott MacDonald
Town of Sandy Cove Municipal Plan 2009-19
Page 2
rationale for the land use policies of the Plan. The Background Review does not form part
of the legal document.
1.1.2 Bringing the Municipal Plan into Effect
The Urban and Rural Planning Act sets out the process for bringing the Sandy Cove
Municipal Plan into effect. Upon completion of the Municipal Plan, Council submits all
relevant documents and maps to the Department of Municipal Affairs to review the
document for conformity to the Act and as it pertains to Provincial interests. Council may
then adopt the Municipal Plan and provide public notice for a Public Hearing to hear
representations and objections. The hearing is chaired by a commissioner appointed by
the Town who records the proceedings and submits a report with recommendations to
Council. At this time, Council may choose to approve the plan, amended or otherwise,
and submit it to the Minister of Municipal Affairs along with the commissioner's report.
When a satisfactory review has been completed by the Minister, the plan is registered
with the Department of Municipal Affairs and Council is notified. Notice of registration
of the Municipal Plan is then published in the Newfoundland Gazette. This date is
considered the date of the coming into force of the plan and regulations that are the
subject of the notice.
1.1.3 Administering the Municipal Plan
When notice of Ministerial approval of the Sandy Cove Municipal Plan is published in
the Newfoundland Gazette, the plan becomes legally binding on the Town Council and
on all persons, corporations and organizations.
The Sandy Cove Town Council administers the Sandy Cove Municipal Plan by
implementing its policies. This is done in several ways:
- By preparing land use zoning, subdivision and Development Regulations.
- By issuing development permits to people who wish to build, to change the use of a
building or to subdivide land.
December 2009
Hatch Mott MacDonald
Town of Sandy Cove Municipal Plan 2009-19
Page 3
El
- By undertaking the capital works and development schemes outlined in the Sandy
Cove Municipal Plan when the financial resources are available.
Five years after the Town of Sandy Cove Municipal Plan is approved, Council will
review it and make any necessary revisions to provide for the next 10-year planning
period in accordance with Section 28 of the Urban and Rural Planning Act. Amendments
to the Municipal Plan may be made by Council at any time and brought into effect by the
same process described above.
1.2 Background Review
This section presents the analysis carried out to prepare the Town of Sandy Cove
Municipal Plan.
1.2.1 Sandy Cove Planning Area and Municipal Area
The Sandy Cove Planning Area is shown on Maps 1 and 2. It shares borders with the
Towns of Eastport to the northwest, Happy Adventure to the west and an eastern border
with the municipality of Salvage. Much of the Planning Area is bordered by the Atlantic
Ocean to the south.
1.2.2 Economy and Population
This section presents an overview of the community and population forecast, based upon
data from the 2006 Census of Canada.
The population profile of the Town is presented in Exhibit 1. Over the period from 1996
to 2006, Sandy Cove's population of the Town declined from 152 to 133, or by 12.5%.
Over the same five-year period, the population of Newfoundland and Labrador also
declined by 7.0%. While the drop in population has been relatively the same for the
Town and the Province, there are important differences that are acknowledged in the
Municipal Plan. In 2006, the median age of the provincial population was 41.3 years
AMP
EH
December 2009
Hatch Mott MacDonald
Town of Sandy Cove Municipal Plan 2009-19
Page 4
while the median for Sandy Cove residents was 56.3 years. Only 3.8% of Sandy Cove's
population was younger than 15 years, compared to 15.4% of the provincial population.
The result is a considerably older population of permanent residents compared to the
province as a whole.
There were 55 households in the town in 2006. Thirty of these, or 54.5%, were made up
of couples without children and another ten, or 18.2%, were single-person households.
Only 15 households, or 27.3%, were families with children. The average
household/family size was 2.4.
Of the total 55 private dwellings occupied by year-round residents, 81.8% were owner occupied
and the remainder are rented dwellings. The average value of a private dwelling in 2006 was
$86,397.
Another planning-related feature of the population is mobility. Over the period from 2001 to
2006, only 11.5% of Sandy Cove's permanent population had moved from a different address
outside the community. The remainder, 88.5%, had lived in Sandy Cove five years earlier.
Sandy Cove's population of permanent residents has been declining at a rate not much different
than the region of which it is a part. Between 1996 and 2006, the number of permanent
residents declined by 16.9% (from 160 to 133), whereas the regional population (i.e.
Kittiwake Economic Zone) declined by 14.2%.
The Municipal Plan assumes that that the permanent population will decline over the next
ten years, but at a slower rate than in the recent past. The population of the Kittiwake
Economic Zone is projected to decline at a rate of between 5.6% and 8.9% between 2006
and 2016 (http://www.economics.e.ov.nl.ca/population/default.asp),If Sandy Cove's
population changes at the same rate, the year-round population can be expected to decline
by less than a dozen people by 2016.
From a land use needs perspective, this gradual decline in permanent population is likely
to be negated by a continuing trend to smaller households, which is expected to drop
Hatch Mott MacDonald
December 2009
Town of Sandy Cove Municipal Plan 2009-19
Page 5
from an average of 2.4 persons per household in 2006 to 2.1 by 2016. As a result, new
household formation is expected to create a demand for 3 new units by 2016 as presented
in Exhibit 2.
Census based population data for Sandy Cove is not adequate for assessing future
residential land use needs. This is because the Census does not attempt to capture
seasonal population numbers, which are significant relative to the number of permanent
residents. A more reliable indicator is the Census figure on total private dwellings
compared to the number occupied by usual residents. In the 2006 Census, Sandy Cove
had a total of 86 private dwellings of which only 55, or 64.0% were occupied by what the
census defines as "usual" residents. It must be assumed therefore that the remaining 30
dwellings are inhabited by seasonal residents. Assuming that the average number of
occupants in seasonal dwellings is the same as in year-round dwellings, then the total of
both permanent and seasonal residents is estimated to be at least 50% higher than the
Census population of 133. Therefore, in terms of estimating future land needs for housing
growth, it can be argued that the base population of the Town is more likely to be in the
vicinity of 200 residents.
December 2009
Hatch Mott MacDonald
Town of Sandy Cove Municipal Plan 2009-19
Page 6
55
Total Dwelling Units
Exhibit 1
Population Profile and Comparisons 2006
Age
Town of Sandy Cove
Province of
Newfoundland and Labrador
Characteristic
Total
%
Total
%
0-4 Years
0
0.0%
22,865
4.5%
5-9
0
0.0%
25,905
5.1%
10-14 Years
5
3.8%
29,455
5.8%
15-19 Years
10
7.7%
34,105
6.7%
20-24 Years
5
3.8%
31,190
6.2%
25-34
5
3.8%
58,365
11.5%
35-44 Years
10
7.7%
78,205
15.5%
45-54 Years
25
19.3%
85,575
16.9%
55-64 Years
25
19.3%
69,530
13.8%
65-74 Years
30
23.1%
39,560
7.9%
75-84 Years
10
7.7%
22,930
4.5%
85 And Over
5
3.8%
7650
1.7%
Total
130
100.0%
505,470
100.0%
Median Age
56.3
41.7
Pop'n aged 15+
96.2%
84.%%
Source: Statistics Canada, 2006 Community Profiles
Exhibit 2
10 Year Population Forecasts
2006
2016
2011
Population
Average Size Per
Household
2.2
2.4
133
128
58
58
2.1
123
Source: SGE Acres estimates based upon Statistics Canada, 2006 Community Profiles
December 2009
Hatch Mott MacDonald
Town of Sandy Cove Municipal Plan 2009-19
Page 7
Exhibit 3 shows the 2006 industry and occupation profile of the town. As these data show, the
dominant activities are resource industries, manufacturing and construction, and health, education
and social services.
Exhibit 3
Economic Base Profile -- 2006
Number
Percent of
Total
Labour Force by Industry
Agricultural & Other Resource Industries
15
21.4%
Manufacturing & Construction Industries
10
14.3%
Wholesale & Retail Trade
0
0.0%
Finance & Real Estate
0
0.0%
Health, Education & Social Services
30
42.9%
Business Services
0
0.0%
Other Services
0
0.0%
Unspecified
15
21.4%
Total
70
100.0%
Labour Force by Occupation
Managerial
10
14.3%
Business, Finance & Administration
10
14.3%
Natural & Applied Sciences & Related
0
Health
0
0.0%
Social Sciences, Education, Government Services & Religion
0
0.0%
Art, Culture, Recreation & Sport
0
0.0%
Sales & Services
10
14.3%
Trade, Transport and Equipment
25
35.7%
Primary Industries
0
0.0%
Processing, Manufacturing & Utilities
10
14.3%
Unspecified
5
7.1%
Total
70
100.0%
Source: Statistics Canada, 2006 Community Profile
Hatch Mott MacDonald
December 2009
Town of Sandy Cove Municipal Plan 2009-19
Page 8
1.2.3 Land Use Issues
Residential
The Sandy Cove Municipal Plan recognizes that future housing demand driven by
population growth of permanent residents will most likely be minimal. Recent years have
seen a trend toward development of housing owned by seasonal residents. The popularity
of the Eastport Peninsula as a summer destination will be a more significant factor
influencing demand for residential lots if this pattern continues. Overall, however,
demand pressure on the supply of land in the municipality should be relatively low with
modest growth expected in the near future.
The Town's development pattern is overwhelmingly residential with some home-based
businesses mostly in the area of Sandy Cove Road. The Town exists largely within its
original development form. No new roads or subdivisions have been built in the recent
past. Long term expansion should be undertaken within existing servicing boundaries to
capitalize on existing infrastructure and maintain a compact and walkable town. New
development can most easily be accommodated in backland areas along Sandy Cove
Road. There are limited opportunities for new development in areas overlooking
Newman Sound.
Commercial
Sandy Cove lacks significant commercial activity although many tourists are attracted by
Sandy Cove Beach and the community's tremendous scenery. Existing businesses
include a tourist cottage establishment and a number of home based businesses.
Residents generally rely on outlets in neighbouring Eastport for basic goods and services.
Environmentally Sensitive Areas
The steep backshore embankment overlooking Sandy Cove Beach consists of
unconsolidated sand and gravel that is susceptible to erosion. Residential housing has
December 2009
Hatch Mott MacDonald
Town of Sandy Cove Municipal Plan 2009-19
Page 9
long existed adjacent to the top of the embankment, and a number of new houses have
been built in recent years. The Town expressed concerned about the vulnerability of this
area to land development. Geological studies have found that coastal erosion is common
in similar areas due to the destabilization of coastal cliffs by storm waves and by adjacent
land development that changes surface runoff and groundwater movements.
According to long-term local residents, noticeable erosion of land has been occurred
along the Sandy Cove embankment over several decades. While this may attributed in
part to natural forces, they believe that the rate of erosion has been exacerbated by the
development of houses near the top of the bank. Under natural conditions, the loose
gravel underlying the surface tends to be protected from the erosive effects of surface
water infiltration by a hard subsurface crust of conglomerate material, known locally as
"iron mine". When this crust is penetrated to construct housing foundations or even to dig
fence holes, a pathway is created for water infiltration into the underlying sand and
gravel. The subsequent underground water seepage gradually carries off sediments
creating further instability and erosion of the fragile embankment.
This Plan contains policies and zoning measures to restrict and limit the form of
development in the vicinity of these fragile embankments.
Other environmentally sensitive areas in Sandy Cove include watercourses, wetlands, and
steep slopes. Policies and zoning measures are included in the Plan to help protect these
vulnerable areas from harmful land use activities.
Other Land Uses
Sandy Cove Beach is the main recreational attraction in the community. It is used heavily
by both local residents and visitors, especially during the tourist season. At the east end
of the beach is a public park area that includes a hiking route up to a look-off point
overlooking the entire town and Newman Sound. Unofficial hiking trails exist throughout
December 2009
Hatch Mott MacDonald
Town of Sandy Cove Municipal Plan 2009-19
Page 10
much of the undeveloped areas of the town. The Town has expressed a desire to extend
the existing beach park area to include Sandy Cove Pond and Greenings Point. As well it
has a long-term desire to develop a link with the regional trail system through
neighboring municipalities and into Terra Nova National Park.
1.2.4 Municipal Services
Ditching and culverts located throughout the Town are the only provisions for existing
storm water control. This system functions quite adequately. To ensure that the storm
water control system remains adequate, continuous monitoring and assessment of the
components (ditches and culverts) within the Town's storm water system is critical to
ensure that it is free of debris and obstructions. This is particularly essential during the
spring season as high spring run-off could cause damage to infrastructure.
Until 2003, Sandy Cove acquired its water supply from a small pond located on the hill
east of the built-up area. Due to high evaporation this water source became unreliable for
good quality drinking during the summer months. As a result, Sandy Cove collaborated
with the Town of Eastport to upgrade Eastport's groundwater drinking supply source and
connected its water mains to the Eastport system. The water main to the former water
supply was capped off.
December 2009
Hatch Mott MacDonald
Town of Sandy Cove Municipal Plan 2009-19
Page 11
2 GOALS AND OBJECTIVES
This section outlines the goals and objectives of the Sandy Cove Municipal Plan for the
period between 2006 and 2016. Each goal is a desired state which reflects the long-range
intent of Council. Each objective is a short-range step towards achieving a specific goal.
It is concrete, realistic, action-oriented and attainable within a period of three to five
years.
2.1 Community Structure and Character
Goals:
Promote orderly development, the economical use of municipal services,
compatibility between adjacent land uses, and environmental
conservation.
Objectives:
- Encourage continued infilling along existing public roads, thus making
41Ir
better use of municipal infrastructure.
- Encourage new development in areas that can be economically
connected to the Town's municipal water system.
- Restrict the types of development that will be permitted in areas that
cannot be economically provided with municipal services.
- Accommodate unserviced development only in designated areas and
only insofar as it meets environmental standards and will not interfere
with the optimal future use of adjacent lands.
- Guide new development in a fashion that is compatible with
surrounding land uses.
December 2009
Hatch Mott MacDonald
Town of Sandy Cove Municipal Plan 2009-19
Page 12
- Protect environmentally important and sensitive areas such as coastal
shorelines, beaches, ponds, rivers, streams, and wetlands, by
designating them as conservation areas as deemed necessary.
2.2 Economy
Goal: Encourage diversified economic growth in order to generate more
employment and build up a favourable base for municipal assessment.
Objectives:
- Diversify the local economy by supporting local entrepreneurs and
attracting new businesses and industries.
- Encourage the development of additional commercial uses to serve
local and new residents.
- Support the development of facilities and attractions that will enhance
tourism, e.g., parks, water recreation, and hiking trails.
2.3 Commercial and Industrial Development
Goal: Allow for development an appropriate mix of commercial facilities to
serve residents and visitors to the Town and surrounding region.
Objectives:
- Encourage home-based businesses along Sandy Cove Road.
- Prevent development in inappropriate locations of offensive trades and
nuisances that may be detrimental to the Town as an attractive place to
live and visit.
December 2009
Hatch Mott MacDonald
Town of Sandy Cove Municipal Plan 2009-19
Page 13
2.4 Housing
Goal: Provide land for an adequate quantity and mix of housing to serve the
needs of the population.
Objectives:
- Maintain a high standard of housing.
- Encourage new housing in areas accessible to municipal services.
- Encourage an adequate supply of housing for all socio-economic
40
groups.
2.5
Culture, Recreation and Open Space
Goal:
Meet the needs of the community for cultural and recreational
opportunities.
El
.10
40
Objectives:
- Locate sufficient open space and recreational facilities conveniently
accessible to residential areas.
- Preserve areas and features of natural, scenic, environmental and
historical significance.
- Support the provision of cultural and recreational facilities and
services which are accessible to people of different abilities and ages.
December 2009
Hatch Mott MacDonald
Town of Sandy Cove Municipal Plan 2009-19
Page 14
- Develop an adequate trail system for a variety of recreational users and
to protect these trails from incompatible development.
- Ensure a high proportion of coastal areas are maintained for public
access and enjoyment.
2.6 Transportation
Goal: Provide a safe and efficient transportation network to serve the Town of
Sandy Cove.
Objectives:
- Maintain existing public roads through a regular program of
maintenance and improvement.
- Provide efficient means of access to public areas for disabled and
elderly persons.
- Establish a network of trails in and adjacent to the Town.
2.7 Environment
Goals: Provide for the health, safety, welfare and enjoyment of the general public.
Preserve and protect important aspects of the natural environment.
Objectives:
- Recognize the existing natural constraints to development, and to
protect in its natural state land which is unsuitable for development.
Hatch Mott MacDonald
December 2009
Town of Sandy Cove Municipal Plan 2009-19
Page 15
- Provide municipal services at environmentally acceptable standards.
- Protect environmentally sensitive areas such as rivers, streams,
wetlands, ponds, steep slopes, and beaches.
2.8 Municipal Finances
Goal:
Achieve long-term financial stability by managing expenditures on
municipal services while broadening the assessment base for municipal
revenues.
Objectives:
- Manage the expenditures on municipal services and achieve the most
efficient use of existing services.
- Manage municipal debt, considering the Town's ability to meet its
expenditures in the long term.
- Diversify the local economy through the growth of existing businesses
and the establishment of new ones, so as to generate more municipal
revenues.
December 2009
Hatch Mott MacDonald
Town of Sandy Cove Municipal Plan 2009-19
Page 16
3 LAND USE POLICIES
3.1 GENERAL POLICIES
The following policies can be categorized as general in scope in that they can be applied
to all areas of the Town of Sandy Cove. All land use development must conform to the
general land use policies.
3.1.1
General Land Use Policies
Policies
1.
General Layout of the Town
(1)
New development will be encouraged to locate in areas that can be
serviced economically by municipal water services.
(2)
New development will generally be limited to areas that can be serviced
economically by municipal water services. Development will be phased so
that areas connected to water/sewer will be largely developed before an
extension of services is carried out.
(3)
At Council's discretion, proposals for unserviced development will be
considered only in areas where municipal services are not likely to be
installed before this Plan's statutory five-year review.
(4)
All unserviced development will be subject to efficient use of land, high
environmental standards, Department of Health approval of on-site
sewage services, and provision for future land use intensification if and
when water and sewer services are extended.
December 2009
Hatch Mott MacDonald
Town of Sandy Cove Municipal Plan 2009-19
Page 17
2.
Subdivision Development
(1)
Subdivision Proposal Evaluations
All proposed subdivisions of land will be subject to an evaluation by
Council. The comprehensiveness of each evaluation will depend on the
scale of the proposed development, the environmental sensitivity of the
area, and the nature of any public or neighbourhood concerns that are
identified. Evaluations will address:
I
Opportunities and constraints represented by the physical features
of the site,
I
How the proposed development will integrate with existing
developments, roads, and municipal services,
I
Potential effects of the development on environmentally sensitive
resources,
I
How the proposed development will affect future access to
undeveloped lands in the area,
I
The degree of compatibility or conflict the subdivision is likely to
have with nearby existing and future land uses, and
I
The developer's proposal for roads and water servicing, and the
costs to Council of providing and maintaining this infrastructure,
(2)
Serviced Areas
In areas that require full municipal services, subdivision applications shall
provide information on road location, lot layout, property ownership,
nearby watercourses and wetlands, provision for open space, municipal
water servicing, connections to existing roads, and other information that
Council may request. The subdivision plan shall conform to the
development standards of the applicable zone as identified in the Sandy
Cove Development Regulations.
December 2009
Hatch Mott MacDonald
Town of Sandy Cove Municipal Plan 2009-19
Page 18
(3)
Unserviced Areas
In areas remote from existing municipal services, residential development
applications shall provide information on proposed road location, lot
layout, property ownership, nearby watercourses and wetlands, provision
for open space, on-site well and septic services, and other information that
Council may request. The subdivision plan shall conform to the
development standards of the applicable zone as outlined in the Sandy
Cove Development Regulations.
(4)
Public Input
At its discretion, Council may seek input from neighbouring landowners
when reviewing subdivision development proposals.
(5)
Council Decision
Council will review each subdivision application on a case by case basis
and may:
I
Approve the development as proposed,
I
Approve the development subject to certain terms or conditions,
I
Defer a decision subject to more detailed information, or
I
Not approve the development if it finds that the development is
unsuitable for the location or will create problems that cannot be
sufficiently corrected or mitigated.
(6)
Open Space Dedications
For each subdivision approval, the developer will be required to provide to
the Town land for open space equal to 10% of the gross area of the land to
be developed. Alternatively, in lieu of land dedication, Council may
decide to accept a sum of money equal to 10 percent of the fair market
value of the land to be developed.
December 2009
Hatch Mott MacDonald
Town of Sandy Cove Municipal Plan 2009-19
Page 19
14
411
141
.10
VIP
m11
111
3.
Municipal and Public Works and Easements
Municipal and public utility works will be permitted in all land use
designations provided that no adverse effects on adjacent land uses or the
environment will result. Buffering may be required in the form of a
suitably landscaped area between any such works and adjacent land uses.
(2)
Where land is required for utility easements or emergency access, such
land may be obtained for the appropriate utility or agency in the course of
approving a subdivision or other development applications.
4.
Conveyance to Council of Privately Developed Streets
(1)
All privately developed roadways intended for subdivision development
and public access to adjoining properties will be designated as public
streets to be owned and maintained by the Town
(2)
All privately developed streets must be constructed to a standard
satisfactory to the Town before Council assumes ownership and
maintenance responsibility. Each new street shall have a legal land survey
and a Deed of Conveyance approved by the Town's solicitor before
Council assumes ownership.
5.
Soils and Drainage
(1)
Development shall only be permitted on lands with soil and drainage
conditions that are suitable for the proposed uses.
6.
Building Setbacks from Roads
(1)
Building setbacks from roads will be sufficient to preserve the road right-
of-way allowances specified in the Sandy Cove Development Regulations,
and allow for appropriate landscaping and vehicle parking space clear of
the road allowance.
December 2009
Hatch Mott MacDonald
Town of Sandy Cove Municipal Plan 2009-19
Page 20
7.
Access to a Public Road
(1)
All development must have access to a publicly maintained road unless
otherwise authorized by Council.
8.
Backlot Development
(1)
At its discretion, Council may permit the creation of backland lots insofar
as the development uses land efficiently, is economical for the delivery of
piped water and other municipal services, preserves the Town's natural
and historic character, and does not isolate nearby parcels of land in a way
that would preclude them from being developed in the future.
(2)
Landowners in backland areas will be encouraged to cooperate with each
other to prepare subdivision plans that facilitate orderly and efficient use
of land and municipal services, and adhere to the policies outlined in this
Municipal Plan for the protection of environmental resources.
(3)
Subdivision proposals for backland areas must show the relationship of the
proposed lot/s with existing streets and adjacent parcels of land.
(4)
Proposed backland lots will not be approved if the development would
isolate nearby properties from potential street access, or would otherwise
preclude these properties from future development.
(5)
A subdivision application for one or more backland lots must address all
needs pertinent to orderly development of the area, including:
(a)
A description of the proposed lot/s and surrounding properties,
(b)
A description of how the lot/s will be connected to the existing
street network,
(c)
A description of how the lot/s will connected with piped municipal
water, and
".11111.,
Hatch Mott MacDonald
December 2009
Town of Sandy Cove Municipal Plan 2009-19
Page 21
a
a
(d)
Consideration of Council's aim to prevent the isolation of other
developable backlands.
(6) When considering a backland development proposal, Council may suggest
alternative development configurations that it considers more appropriate
for the area.
9.
Archaeological Resources
(1)
Any proposed development to be located near a known archeological site
will be subject to the approval and conditions of the Provincial
Archaeology Office of the Department of Tourism, Culture and
Recreation.
(2)
Council will report any proposed developments that will involve major
land use or ground disturbance to the Provincial Archaeology Office
during the planning stages so that necessary measures can be taken to
ensure that potential historic resources are not disturbed or destroyed.
(3)
Council will report the discovery of archaeological sites or artifacts to the
Provincial Archaeology Office as soon as it becomes aware of the
discovery.
10.
Provincial and Federal Acts and Regulations
(1)
All development approvals under this Municipal Plan will take into
consideration applicable Provincial and Federal acts and regulations, in
particular those administered by the Departments of Health and
Community Services, Environment and Conservation, Government
Services, Transportation and Works, and Fisheries and Oceans Canada.
December 2009
Hatch Mott MacDonald
Town of Sandy Cove Municipal Plan 2009-19
Page 22
11.
Development Criteria for Non-Residential Sites
(1)
All non-residential development will conform to the following criteria:
(a)
Each site will have direct access to a public road.
(b)
Development will be located and designed in a manner that ensures
traffic, noise, lighting, odour, signage, and aesthetic impacts on
adjacent residential areas will kept at reasonable levels.
(c)
Where Council deems necessary, screening deemed may be
required through the provision of banks, landscaping or fencing.
(d)
Properties will be designed to a high standard with regard to safety,
design and appearance, and suitability within the community.
(e)
Access points to a public road will be limited in number and
designed for maximum safety of pedestrians and vehicles.
(f)
Each lot will contain adequate space to meet the needs of the
proposed development for off-road parking and loading.
(g)
Each proposed development must have adequate municipal
services for its needs unless suitable alternative arrangements are
approved by Council.
12.
Mineral and Petroleum Exploration
(1)
Mineral and petroleum exploration may be permitted at the discretion of
Council.
(2)
Mineral and petroleum exploration will be only undertaken in a manner
that will have minimal impact on surrounding land uses and sensitive
environmental resources and habitat.
13.
Compatibility between Livestock Facilities and Residential Uses
(1)
Council will minimize the potential for land use conflicts arising as a
result of livestock or poultry facilities being developed close to existing
non-farm land uses, and conversely, as a result of non-farm land uses
being developed close to existing livestock or poultry facilities.
Hatch Mott MacDonald
December 2009
a
a
Town of Sandy Cove Municipal Plan 2009-19
Page 23
(2)
The keeping of livestock near residential properties will be subject to
specific limitations set out in the Development Regulations such as the
maximum number of animal units, minimum lot sizes, and minimum
setbacks of livestock facilities from lot boundaries.
(3)
A non-conforming livestock or poultry facility located near an existing
residential area will be permitted to continue, but will not be permitted to
expand unless it can be determined that this will not adversely affect the
residential area. Council will consult with neighbours prior to taking a
decision on a proposed expansion.
3.1.2 General Environmental Policies
Policies
1.
General Environment
(1)
Land and natural resources that are environmentally sensitive, including
streams, riparian areas, wetlands, steep slopes, and geologically unstable
areas, will be protected from potentially damaging forms of development.
(2)
The potential environmental effects of proposed land uses will be
considered when reviewing development applications. At the discretion of
Council, or in accordance with other statutory requirements, proposals
may be referred to the Departments of Environment and Conservation,
Government Services, Fisheries and Oceans Canada, or other relevant
agencies for advice and/or regulatory approval.
2.
Watercourses and Wetlands
(1)
Conservation buffers will be maintained to protect streams, ponds, riparian
areas, and wetlands from stormwater discharges, erosion, sedimentation,
and other adverse effects of development.
a
a
SI
a
a
a
NW
December 2009
Hatch Mott MacDonald
Town of Sandy Cove Municipal Plan 2009-19
Page 24
3.
Unstable Geology and Soils
(1)
Development in areas that are environmentally sensitive or hazardous for
development due to unstable soils or geology may be restricted or
subjected to terms and conditions to minimize potential impacts.
4.
Coastal Lands
(1)
Conservation and other preventative measures will be required to protect
environmentally sensitive coastal features from the impacts of
development.
(2)
Preventative measures will be required to protect housing and
infrastructure in coastal areas from potential damage due to bank and
shore erosion, rising ocean levels, and storm surges.
6.
Storm Drainage
(1)
All development, including buildings, driveways, parking areas, grading
of land, and excavation of drainage ditches, will be carried out in a manner
that does not cause an excessive increase of stormwater runoff into
watercourses, areas sensitive to erosion, or adjacent properties.
(2)
Development will not be permitted on any site where it would otherwise
be permitted when in the opinion of Council, the development will create
or aggravate significant stormwater impacts, for example, excessive run-
off onto adjacent properties, flooding, soil erosion, or siltation or scouring
of streams.
(3)
In order to minimize stormwater impacts, Council, at its discretion, may
require land development to adhere to the following guidelines:
I
Minimize runoff increases from natural levels as existed prior to
development.
December 2009
Hatch Mott MacDonald
Town of Sandy Cove Municipal Plan 2009-19
Page 25
I
Maintain a vegetated buffer between stormwater drainage outlets
and watercourses to minimize direct discharges into the
watercourses. Plant additional trees and vegetation if existing
vegetation is not adequate to promote soil infiltration and capture
sediments.
I
Minimize impervious surfaces by reducing pavement, using porous
paving materials, etc.
I
Contain rainwater through measures such capturing roof drainage
in rain barrels and channeling surface runoff to gardens and other
vegetated areas.
I
Take advantage of the topography to maintain natural drainage.
For example, natural depressions should be retained to accumulate
runoff and promote soil infiltration.
I
Re-establish vegetative cover as rapidly as possible in drainage
ditches and other areas disturbed by construction activity to reduce
erosion.
3.2 ENVIRONMENTAL PROTECTION
The following policies apply to areas designated as Environmental Protection on the
Future Land Use Maps. All development in this designation must conform to the
policies of this section, to the general land use policies in Section 3.1, and to all
applicable government regulations.
Policies
1.
General Intent
(1)
This Municipal Plan assigns high priority to the protection of sensitive
areas from the potential adverse impacts of development. The following
policies apply to areas designated as Environmental Protection on the
Future Land Use Map.
December 2009
Hatch Mott MacDonald
Town of Sandy Cove Municipal Plan 2009-19
Page 26
(2)
The Environmental Protection designation is intended to protect and
conserve environmentally sensitive lands and natural resources from the
adverse effects of development.
2.
Location
(1)
The Environmental Protection designation includes areas identified as
environmentally sensitive, including wetlands, watercourses, riparian
areas, coastal shorelines and beaches, steep slopes, and areas of unstable
soils and geology.
3.
Land Use
(1)
Developments associated with conservation will be permitted.
(2)
At Council's discretion, proposed developments affecting watercourses
and coastal areas, for example, road crossings, culverts, wharves, and
fisheries infrastructure, may be permitted in limited circumstances if it is
clearly shown that impacts will be minimized. Any such proposed
development will be referred for review and approval to the Department of
Environment and Conservation, the Department of Fisheries and Oceans
Canada, and other relevant agencies.
(3)
At Council's discretion, passive recreation uses such as walking trails and
boardwalks may be permitted. Before approving such developments, it
must be clearly demonstrated to Council that any adverse effects on the
site or adjacent waterways will be minimal.
4.
Protection of Sandy Cove Beach Embankment
(1)
Council will establish a protective buffer along the top edge of the Sandy
Cove Beach embankment to reduce the effects of development on the
erosion of this of this geologically fragile area.
December 2009
Hatch Mott MacDonald
Town of Sandy Cove Municipal Plan 2009-19
Page 27
an
3.3 RESIDENTIAL
The following policies apply to areas designated as Residential on the Future Land Use
Maps. All development must conform to these policies, to the general land use policies
in Section 3.1, and to all applicable government regulations.
Policies
1.
Intent
(1)
Areas are designated Residential to accommodate short to medium term
housing needs (i.e. ten years) and preserve the amenity and character of
existing residential areas.
(2)
It is envisioned that the accommodation of housing needs in these areas
can occur through infilling along serviced roads as well as small
subdivision developments on adjacent backlands.
(3)
It is Council's intention to create a more compact development form
within these areas in order to optimize the utilization of existing roads and
piped water services, provide easy access to amenities, and limit the
spread of unserviced, low density development.
2.
Location
(1)
The Residential designation includes most of the built-up areas of Sandy
Cove, as well as adjacent undeveloped land that can be readily connected
to existing water mains. Undeveloped backland on the east and west sides
of Sandy Cove Road are also designated for future development.
3.
Residential Uses
(1)
Single Detached Housing
The predominant use of land in areas designated Residential shall be
single detached housing although other forms may be allowed.
December 2009
Hatch Mott MacDonald
Town of Sandy Cove Municipal Plan 2009-19
Page 28
(2)
Multiple Dwelling Units
At Council's discretion, multiple dwelling units such as semi-detached
houses and townhouses may be permitted.
These types of developments, where they are permitted, will be integrated
with single detached housing in a way that ensures compatibility with
surrounding residential areas.
Development permits will not be issued until the design, scale, site layout
and overall appearance has been approved by Council.
4.
Priority Areas for Residential Development
(1)
Infill Development
A priority for new residential development will be infill of vacant land
fronting onto existing roads. Council will take into account the utilization
levels of existing serviced land in an area when considering proposals for
new residential roads or subdivisions.
Site plans and building designs for infill development must meet the
approval of Council. It must be compatible with existing neighbourhood
character and in accordance with the development standards of the zone.
(2)
Backland Lots
At Council's discretion, the creation of single or multiple residential lots
may be permitted in backland areas east and west of Sandy Cove Road as
long as safe and efficient access is provided, it does not generate
significant increases in municipal servicing costs, and it does not isolate
adjacent properties from future development.
00.
\Mr
December 2009
Hatch Mott MacDonald
Town of Sandy Cove Municipal Plan 2009-19
Page 29
4.
5.
Serviced and Unserviced Residential Development
(1)
In areas near existing municipal services, new residential development
will be required to be fully connected to piped water services.
(2)
In areas remote from existing municipal services, Council will consider
proposals for unserviced residential development on a case by case basis.
6.
Non-Residential Uses
(1)
Conservation and Open Space
Conservation and open space land uses are considered compatible in
Residential areas.
(2)
Home Occupations
Home occupations will be permitted only if they are contained inside the
residence or an accessory building on the same lot, are clearly subsidiary
to the residential use, and do not adversely affect the residential quality of
the area through excessive traffic, noise, lighting, odour, signage,
unsightly premises or similar considerations.
Auto repair and autobody repair will not be permitted as home-based
businesses.
(3)
Bed-and-Breakfast Operations
Bed-and-breakfast operations must not adversely affect the residential
quality of the neighbourhood as a result of excessive traffic, noise,
parking, lighting, odour, or signage.
(4)
Public and Commercial Uses
At Council's discretion, certain types of public uses and commercial uses
may be permitted if Council determines that the proposed use will not
unacceptably affect surrounding residential areas or the community as a
December 2009
Hatch Mott MacDonald
Town of Sandy Cove Municipal Plan 2009-19
Page 30
whole. Council will consult with residents prior to taking a decision on the
proposed development of a public or commercial use.
7.
Agricultural Uses
(1)
Non-Conforming Use
Existing commercial agriculture is considered a legal non-conforming use
in the Residential designation.
(2)
Commercial Horticultural Operations
At Council's discretion, and in accordance with Section 108 of the Urban and
Rural Planning Act, 2000, expansions of vegetable farms and greenhouses may be
permitted to if it is determined that the expansion will not generate unacceptable
impacts on existing residential uses or interfere with future residential
development. Council will consult with neighbours prior to taking a decision on a
proposed expansion.
(3)
Livestock and Poultry Facilities
Expansion of existing livestock and poultry operations will not be permitted
within the Residential designation.
(4)
Hobby Farming
Permitted hobby agricultural uses will be limited to vegetable plots, small
livestock facilities, and small greenhouses that are clearly subsidiary to residential
use.
8.
Protection of Sensitive Areas
Where Council suspects that a proposed residential development has potential to
create erosion, siltation, or contamination problems due to its proximity to a pond,
stream, steep slope, or geologically unstable area, at its discretion, it may decline
to approve the development or may enact special conditions and/or restrictions to
prevent or minimize the problems.
Hatch Mott MacDonald
December 2009
Town of Sandy Cove Municipal Plan 2009-19
Page 31
3.4 RURAL
The following policies apply to areas designated as Rural on the Future Land Use
Maps. All development must conform to these policies, the general land use policies in
Section 3.1, and all applicable government regulations.
Policies
1.
General Intent
(1)
Designated Rural lands will be preserved and protected to ensure the
viability and future development potential of resource activities such as
agriculture, forestry, aggregate extraction, hunting, fishing, and berry
picking.
(2)
Natural resource lands will be preserved and protected to reduce the loss
and fragmentation of fish and wildlife habitat.
2.
Land Uses
(1)
The highest priority for development in the Rural designation will be the
management and use of natural resources and land uses directly related to
these activities.
(2)
Agriculture, forestry, and other renewable uses of land and natural
resources will be permitted.
(3)
Land uses associated with the conservation of soil, water, wildlife and fish
will be permitted.
(4)
At Council's discretion, certain non-renewable resource use activities such
as gravel pits may be permitted, where such uses would not significantly
affect the existing character and environmental integrity of the area.
December 2009
Hatch Mott MacDonald
Town of Sandy Cove Municipal Plan 2009-19
Page 32
(5)
At Council's discretion, limited types of commercial developments may
be permitted, where such uses are complementary to permitted uses and
would not significantly affect the existing character and environmental
integrity of the area.
3.
Forestlands
(1)
It will be a priority of Council to preserve and protect productive
forestland for the production and harvesting of trees as well as for
important non-timber values such as fish and wildlife habitat, water
quality, biodiversity, and outdoor recreation and tourism.
(2)
It will be a priority of Council to reduce the loss and fragmentation of
forestland.
4.
Aggregate Resources and Extraction
(1)
At Council's discretion, pits and quarries may be developed in appropriate
areas subject to standards and conditions to address:
I
potential environmental and aesthetic impacts,
I
operational impacts on adjacent areas such as public safety, noise,
truck traffic, and dust, and
I
site rehabilitation.
(20
Existing aggregate extraction areas, as well as undeveloped areas with
high quality aggregate resources, will be protected from incompatible
development that could potentially impede extraction activities.
(3)
Council will work with the Province to ensure a coordinated review of all
new applications and renewal applications for quarry development.
December 2009
Hatch Mott MacDonald
Town of Sandy Cove Municipal Plan 2009-19
Page 33
IN
(4)
Pit and quarry development permits will be subject to terms and
conditions for the proper operation and progressive rehabilitation of the
site. At its discretion, Council may require developers to post a
performance bond with the Town, which will be forfeited if the conditions
are not met.
5.
Sustainable Resource Development
(1)
The development and utilization of natural resources, including forestry,
agriculture, aggregate extraction, mining, mineral and petroleum
exploration, and associated land development, will be carried out in a way
that is consistent with principles of sustainability.
(2)
Natural resource uses will conserve and protect the environmental
integrity of soil, wildlife, fish, water resources, and other natural
components of the ecosystem.
3.5 TRANSPORTATION
3.5.1 Roads
The municipal road system shown on the Future Land Use Map exists to facilitate the
safe and efficient movement of people and goods.
Policies
1.
Minor Collectors
(1)
Minor Collectors are roads that distribute traffic within different parts of
the Town and connect to major collectors. Sandy cove Road is the only
existing Minor Collector road in Sandy Cove.
December 2009
Hatch Mott MacDonald
Town of Sandy Cove Municipal Plan 2009-19
Page 34
(2)
Access to side streets from Minor Collector roads will not be restricted but
intersections must be located and designed to ensure efficient traffic flow
and vehicular and pedestrian safety.
(3)
Access to properties on Minor Collector roads will not be restricted unless
they create a concern in terms of safety and efficient traffic flow.
2.
Local Roads
(1)
The remaining streets in Sandy Cove are referred to as Local Roads. They
are used by traffic to approach abutting properties or adjoining streets.
(2)
Accesses from Local Streets to adjoining streets will not be restricted but
intersections must be located and designed to ensure efficient traffic flow
and vehicular and pedestrian safety.
(3)
Accesses to adjoining streets from Local Roads will not be restricted.
3.
Publicly Used Roads to be Owned by the Town
(1)
All new roads intended for public use will be owned and maintained by
the Town of Sandy Cove or the Province.
4.
Public Road Design and Construction Standards
(1)
All new public roads must meet the design and construction specifications
stipulated by Council. The Town will not assume ownership and
maintenance responsibility of a privately developed road until it has been
developed to these minimum standards.
December 2009
Hatch Mott MacDonald
Town of Sandy Cove Municipal Plan 2009-19
Page 35
3.5.2 Provision for the Disabled
Policies
1.
Design Guidelines
(1)
It is a policy to encourage roadways, public walkways, and accesses to
public buildings to be designed to facilitate easy access and mobility by
disabled persons.
2.
Recreational Trails
(1)
It is a policy that portions of recreational trails may be constructed to
facilitate mobility for the disabled. This may include paved sections,
boardwalks and/or railings in specially designated areas.
3.6 MUNICIPAL SERVICES
Most buildings in Sandy Cove's built-up area are connected to piped water services.
Sandy Cove does not have a municipal sewer system. Sandy Cove's water supply comes
from the Town of Eastport.
Policies
1.
Water System
(1)
All new development in the built-up area will be hooked into the Town's
water supply system unless otherwise permitted by Council.
Responsibility for installation will lie with private developers.
Development standards must meet the specifications of the Town and the
Department of Municipal Affairs.
December 2009
Hatch Mott MacDonald
Town of Sandy Cove Municipal Plan 2009-19
Page 36
2.
Stormwater Management
Stormwater runoff in Sandy Cove is managed through a network of open ditches
and culverts. This system has performed adequately, and no need is foreseen for
underground storm sewer facilities.
(1)
Protection of Watercourses and Fish Habitat
It is a policy to design and manage stormwater drainage systems in a manner that
protects streams, ponds, and fish habitat from excessive direct discharges of
stormwater.
(2)
Maintenance of Storm Drainage System
Ditches and culverts within the Town's storm drainage system will be regularly
monitored to ensure that it remains free of debris and obstructions. This is
essential during the spring season as high spring run-off can cause further damage
to other infrastructure such as road asphalt.
December 2009
Hatch Mott MacDonald
Town of Sandy Cove Municipal Plan 2009-19
Page 37
4 IMPLEMENTATION
The Sandy Cove Municipal Plan will be implemented over a 10-year period through the
decisions of the Town Council. The following factors are of particular importance to
Council:
- Effective administration of the Sandy Cove Municipal Plan;
- The annual adoption of five-year municipal capital works budgets;
- Land use zoning, subdivision, and advertisement regulations (referred to as
Development Regulations);
- The basis of development control; and
- The procedure for considering amendments to the plan.
These points are dealt with in turn below.
4.1 MUNICIPAL PLAN ADMINISTRATION
The Sandy Cove Municipal Plan is comprised of goals and objectives (Section 2 of this
document), land use policies (Section 3), and a program of implementation (Section 4).
The Background Summary, presented in Section 1 of this document, provides
information but does not form part of the legally binding Sandy Cove Municipal Plan.
1.
Map Interpretation
(1)
For the purpose of administering the plan, the Future Land Use Map
(Maps 1 and 2) shall be read only in conjunction with the goals, objectives
and land use policies of the plan.
(2)
The boundaries of the land use designations shown on the Future Land
Use Map are general only and, except where they coincide with roads,
shorelines, or other prominent physical features, are not intended to define
December 2009
Hatch Mott MacDonald
Town of Sandy Cove Municipal Plan 2009-19
Page 38
exact limits. No amendment to the Sandy Cove Municipal Plan shall be
required to allow minor adjustments of the land use boundaries. Other
than such minor boundary adjustments, no development shall be permitted
that does not conform to the plan.
2.
Development Applications
(1)
Every person or corporation wishing to develop land for any purpose
within the Sandy Cove Municipal Planning Area must apply to Council
for permission through the established procedure. Council shall require
that all development applications conform fully to the Eastport Municipal
Plan before proceeding. Council may refuse or approve the application
and may set conditions on approval. The decision of Council may be
appealed to the appropriate appeal board.
(2)
Once conformity to the Municipal Plan has been established, Council shall
ensure that each development proposal is given an evaluation.
(3)
If Council suspects that a Provincial or Federal policy or statute may come
into effect, it will refer the development proposal to the relevant
government department or agency for approval or comments.
(4)
Council's final decision on an application will be based on the desire to
guide the development of the Sandy Cove in the best long-term interest of
residents.
3.
Subdivision Proposals and Agreements
(1)
Evaluations of proposed subdivisions of land for development will include
the following:
(a)
An investigation of the physical conditions and features of the site
and the opportunities for and constraints on development.
December 2009
Hatch Mott MacDonald
Town of Sandy Cove Municipal Plan 2009-19
Page 39
(b)
A demonstration of how the proposed subdivision will join with
existing roads, how it will affect existing developments, and
whether it will provide future access to undeveloped lands in the
area.
(c)
A demonstration that the proposed subdivision will be compatible
with surrounding land uses, both existing and future.
(d)
An examination of proposed municipal services and the long-term
public costs of providing and maintaining these services.
(2)
Before major land developments are approved in the Sandy Cove
Municipal Planning Area, Council may require the developer to enter into
a development agreement with the Town. The agreement shall establish
the conditions under which development will proceed and shall be binding
on both parties. Any conditions governing the development will be
enforced by attaching them to the development permit.
4.
Non-Conforming Uses
(1)
A building, structure, or other development that does not conform with
the intent and permitted land uses of this Municipal Plan, but which
legally existed before the registration date of the Plan, will be permitted to
continue as a "non-conforming use" subject to the provisions of Section
108 of the Urban and Rural Planning Act, 2000.
(2)
Notwithstanding subsection (1), if a non-conforming use is discontinued
for a consecutive period of six months, or such further period as Council
considers fit, it shall not be recommenced and any further use of the land
or building shall conform with the intent of this Plan and its Development
Regulations.
December 2009
Hatch Mott MacDonald
Town of Sandy Cove Municipal Plan 2009-19
Page 40
(3)
A non-conforming use under this Municipal Plan:
(a)
shall not be internally or externally varied, extended or expanded
unless otherwise approved by Council;
(b)
shall not be structurally modified except as required for the safety
of the building, structure or development;
(c)
shall not be reconstructed or repaired for use in the same non-
conforming manner where 50% or more of the value of that
building, structure or development has been destroyed;
(d)
may have the existing use for that building, structure or
development varied by Council to a use that is, in Council's
opinion more compatible with this Municipal Plan and its
Development Regulations;
(e)
may have the existing building extended where, in Council's
opinion, that extension is not more than 50% of the existing
building;
(f)
where the non-conformance is with respect to the standards
included in the Development Regulations, shall not be expanded if
the expansion would increase the non-conformity; and
(g)
where the building or structure is primarily zoned and used for
residential purposes, may, in accordance with this Municipal Plan
and its Development Regulations, be repaired or rebuilt where 50%
or more of the value of that building or structure is destroyed.
December 2009
Hatch Mott MacDonald
.0*
Town of Sandy Cove Municipal Plan 2009-19
Page 41
4.2 PUBLIC WORKS PROGRAM
A municipal public works program shall be adopted annually and implemented by
Council. This shall include a program of work to be undertaken, which outlines proposed
capital works to be undertaken by Council over a five year period, subject to the
availability of funds.
The public works program for the Town appears below. The scheduled completion of
this work is dependent on the receipt of adequate capital works funding.
Public Works Program
Activity
Priority Projected Cost
1.
Construction of a new 705,000 L storage tank
Completed. Cost of $403,250 shared
with Eastport
2.
Install a 250 mm dia. water main from storage tank to
Main Street along Penny's Road
Completed. Cost of $355,977 shared
with Eastport.
3.
Connect 250 mm dia. Water main in (2) to end of council
placement
Completed. Cost of $222,802 shared
with Eastport.
22.
Eliminate water mains near chlorination building in
Sandy Cove and install a fire hydrant at end of water
main
Completed. Cost of $5,000.
4.
Improvements to well transmission main
1
To be developed in 2008. Cost of
$130,000 to be shared with Eastport.
11.
Replace existing 150 mm diameter water main along
Church Street from the intersection of Main Street and
Church Street to the intersection of Sampson's Road.
1
Cost of $374,169 to be shared with
Eastport.
16.
Improvements to well collector system
1
Cost of $300,000 to be shared with
Eastport.
23.
Replace existing 150 mm dia. water main along Main
Street between Senior's Complex and intersection of
Main Street and Church Street
1
Cost of $164,225 to be shared with
Eastport.
6.
Complete loop along Barbour Avenue
1
$32,500
7.
Complete loop along Sandy Cove Road
1
$22,500
5.
Extend water main along Barbour Avenue to the
southwest with a 150 mm dia. Water main
2
$175,000
8.
Eliminate dead-end in Sandy Cove by tying into the main
line near Yetman's Road
2
$65,000
9.
Pigging of water mains in Sandy Cove
2
$101,000
13.
Connect end of water main on Sandy Cove Road to
Eastport at intersection of Lane's Road and Sandy Cove
Road with a 200 mm diameter water main
3
Cost of $ $110,000 to be shared with
Eastport...
17.
Check for and repair leaks throughout Sandy Cove and
Eastport
3
Cost of $150,000 to be shared with
Eastport...
Hatch Mott MacDonald
December 2009
Town of Sandy Cove Municipal Plan 2009-19
Page 42
The identification of public works project priorities were based on the following criteria:
Priority 1:
Improvements required to provide those people on the existing system
with an adequate supply of domestic water, but not necessarily fire
protection in accordance with established standards.
Priority 2:
Extending water mains to unserviced areas.
Priority 3:
Upgrade of existing water mains to provide improved domestic supply and
firs flows, and to eliminate leakage in old deteriorated mains and services.
4.3 DEVELOPMENT REGULATIONS
To implement this Municipal Plan, Council prepared and adopted the Sandy Cove Land
Use Zoning, Subdivision, and Advertisement Regulations (referred to as the
Development Regulations). These Development Regulations set out the administrative
procedures for dealing with applications and will provide municipal-wide standards and
requirements for land use development and zoning. All land within the Planning Area is
covered by land use zones which set out detailed standards such as lot size, lot coverage,
building setbacks and parking standards.
4.4 DEVELOPMENT CONTROL
1.
Municipal Plan is Binding
(1)
The Sandy Cove Municipal Plan is a legal document which is binding
upon all persons and organizations, including the Council.
December 2009
Hatch Mott MacDonald
Town of Sandy Cove Municipal Plan 2009-19
Page 43
2.
Council Control
(1)
Council shall exercise appropriate control over development in the Sandy
Cove Planning Area in accordance with the Municipal Plan and the
Development (Land Use Zoning, Subdivision, and Advertisement)
Regulations.
3.
Development Applications and Approvals
(1)
Application Requirements
All persons wishing to develop land for any purpose within the Planning
Area shall apply to Council for permission on the prescribed applications
forms and shall submit a detailed drawing of the proposal indicating the
location and dimensions of the land and the development.
(2)
Council Response
Council will examine the application on the basis of the Development
Regulations, which reflect the policy of this Municipal Plan. Council may
approve the application, approve it with conditions, or refuse it.
(3)
Applicant's Right of Appeal
An applicant who receives a refusal decision from Council on a
development application may appeal that decision to the Appeal Board.
(4)
Government Referrals
If Council forms an opinion that a proposed development may be affected
by the regulations of a Provincial or Federal department, the application
will be referred to the concerned department for review and comments
before an approval is granted.
December 2009
Hatch Mott MacDonald
Town of Sandy Cove Municipal Plan 2009-19
Page 44
4.5 PROCEDURE FOR AMENDING THE MUNICIPAL PLAN
This Municipal Plan has been prepared on the basis of existing and expected future
conditions. The intention is that no amendment shall be required within the first five
years of the Plan's registration, after which it will be reviewed. Conditions and policies
may change in unforeseen ways during the planning period.
1.
Amendment Procedure
If Council decides to proceed with an amendment to the Municipal Plan,
the amendment shall be adopted, evaluated through a public hearing
process, and approved in the same manner as the Municipal Plan. An
evaluation of the proposed amendment will be compiled in a background
report.
December 2009
Hatch Mott MacDonald